Florida Constitution Revision Commission Proposals and the 2018

Florida Constitution Revision Commission Proposals and the 2018 Ballot A Project of The Florida Bar Constitutional Judiciary Committee

Introductions and Overview What is in the Florida Constitution? What should be in the Florida Constitution? How can the Florida Constitution be amended? How would you vote on proposals?

What is in the Florida Constitutio n?

What the Public Knows and Needs to Know

Constitution Day Survey from the Annenberg Public Policy Center of the University of Pennsylvania • Only 32 percent of Americans can name all three branches of government. • But that is an increase from 26 percent last year.

What the Public Knows • A quarter (27 percent) incorrectly said the Constitution allows the president to ignore a Supreme Court ruling if the president believes the ruling is wrong; • A plurality (41 percent) incorrectly said that both the House and Senate must approve before a nominee becomes a justice on the Supreme Court (30 percent correctly know that the Senate alone confirms); • But a slim majority (55 percent) knows that a 5 -4 Supreme Court decision is the law and must be followed, about the same as last year.

About Constitutions

What is a constitution? • Similar to a rule book for government • Outlines structure and function of government • Limits the powers of government • Lists some of our rights • Reflects principles and values

Comparing Constitutions

Defining the Florida Constitution The Florida Legislature website defines the Florida Constitution as an organized system of fundamental principles for the government of the state. It is of a permanent and general nature and originates from the people rather than from the Legislature.

Provisions of the Florida Constitution �Preamble �Article I: Declaration of Rights �Article II: General Provisions �Article III: Legislative �Article IV: Executive �Article V: Judicial �Article VI: Suffrage and Elections �Article VII: Finance and Taxation �Article VIII: Local Government �Article IX: Education �Article X: Miscellaneous �Article XI: Amendments �Article XII: Schedule

Should these topics be in the Florida Constitution or somewhere else? Pregnant pigs? Vaping in the workplace? English as the official language? The retirement age of judges? Re-composition of the CRC? Medical marijuana? Dog racing? High-speed rail system?

Constitutions v. Statutes • What is the difference between a constitution and a statute? • How would you decide what should be in a constitution vs. a statute?

Amending the Florida Constitution

How Often Should We Change a Constitution? • U. S. Constitution • Florida Constitution • 27 amendments ratified • More than 120 amendments since 1968 • More than 11, 000 amendments have been proposed • The U. S. Constitution has been amended only 17 times since the first 10 -- which make up the Bill of Rights-- were ratified in 1791. • Amendments are integrated within specific Articles as opposed to listing at the end of the document. • Compare to the number of amendments in other state constitutions.

Amendment Processes • How to amend the Florida Constitution (Article XI): 1. 2. 3. 4. 5. Proposal by Legislature (Joint Resolution) Revision Commission every 20 years (2017 -2018) Initiative (Citizen Initiative) Constitutional convention Taxation and Budget Reform Commission every 20 years (2027)

About Proposals • Unless challenged, there is no automatic judicial review of proposals from the Constitution Revision Commission • Proposals from the Constitution Revision Commission are not required to address a single subject • Citizen Initiatives “shall embrace but one subject and matter directly connected therewith. ”

What does the Florida Constitution Revision Commission do? • Every 20 years the Commission is appointed to: • Adopt rules of procedure • Examine the Florida Constitution • Hold public hearings • File recommended changes to the Florida Constitution for voter consideration in next general election (Art. XI, Sec 2(c)) • Recommendations are placed directly on the ballot for voter consideration without automatic judicial review

Composition of the Constitution Revision Commission 37 Total number of commissioners serving on the Florida Constitution Revision Commission. Automatic appointment per the Florida Constitution

Who Decides? • The FCRC decides which proposals will be placed on the 2018 General Election ballot • The voters decide if a proposal is added to the Florida Constitution. • Requires 60% of voters to approve the proposal (Article XI, Section 5(e) Florida Constitution). • Changed from a simple majority (50%+) approval in 2006; amendment to the FL Constitution • Once passed by the voters, it is included in the Florida Constitution.

CRC: Moving through the Process • Over 900 public and Commissioner- sponsored proposals to amend the Florida Constitution were proposed. • Commissioners voted to advance 25 proposals to the FCRC’s Style & Drafting Committee.

Accessing Information: Viewing the Proposals at flcrc. gov

Accessing Information: Viewing the Proposals at flcrc. gov

Style and Drafting Committee Responsibilities • Draft language for proposals to appear on the ballot; • Drafts grouping and ordering of proposals; • Commission review and vote. WORDS MATTER

Groupings • The proposals submitted to the Style and Drafting Committee were returned to the full Constitution Revision Commission as 12 revisions to be debated and voted on • 6 were groupings composed of 2 to 4 proposals, and 6 were standalone proposals What do you think is the purpose of grouping proposals? What is the impact of grouping proposals

The Final 8 • All proposals had to secure at least 22 CRC votes to be placed on the 2018 General Election Ballot. • 8 of the 12 proposed revisions were approved by the full Constitution Revision Commission on April 16, 2018– 6 included groupings and 2 standalone proposals • 4 Proposals were either not approved by the full Commission or withdrawn from consideration

Accessing Information: Reference Documents at flcrc. gov

Analysis and History

The Final 8 CRC Proposals and the General Election Ballot… Ballot #6* Ballot #7* Ballot #8** Rights of Crime Victims; Judges First Responder and Military Member Survivor Benefits; Public Colleges and Universities School Board Term Limits and Duties; Public Schools Ballot #9* Grouped 3 proposals Ballot #11* Prohibits Offshore Oil and Gas Drilling; Prohibits Vaping in Enclosed Indoor Workplaces State and Local Government Structure and Operation Property Rights, Removal of Obsolete Provisions; Criminal Statutes Grouped 3 proposals Ballot #10* Grouped 2 proposals Grouped 4 proposals Ballot #12 Lobbying and Abuse of Office by Public Officers Standalone proposal Grouped 3 proposals Grouped 3 Proposals Ballot #13*** Ends Dog Racing Standalone Proposal

What will you consider? • What topics will be on the ballot? • How are the proposals grouped together? • Do you agree with some of the proposals in the grouping and not others?

Other considerations… • Is this issue already addressed in state statutes? Does this matter to you? • Who might support and who might oppose the proposed amendment? Should this influence your vote? • Does this proposal ultimately belong in the Florida Constitution?

Examining the Issues: Evaluating Proposals In a small group, use the summary and handout provided to analyze your assigned proposal.

Which One? Ballot #6* Ballot #7* Ballot #8** Rights of Crime Victims; Judges First Responder and Military Member Survivor Benefits; Public Colleges and Universities School Board Term Limits and Duties; Public Schools Ballot #9* Grouped 3 proposals Ballot #11* Prohibits Offshore Oil and Gas Drilling; Prohibits Vaping in Enclosed Indoor Workplaces State and Local Government Structure and Operation Property Rights, Removal of Obsolete Provisions; Criminal Statutes Grouped 3 proposals Ballot #10* Grouped 2 proposals Grouped 4 proposals Ballot #12 Lobbying and Abuse of Office by Public Officers Standalone proposal Grouped 3 proposals Grouped 3 Proposals Ballot #13*** Ends Dog Racing Standalone Proposal

Ballot #6: Rights of Crime Victims; Judges • Creates constitutional rights for victims of crime; requires courts to facilitate victims’ rights; authorizes victims to enforce their rights throughout criminal and juvenile justice processes. Requires judges and hearing officers to independently interpret statutes and rules rather than deferring to government agency’s interpretation. Raises mandatory retirement age of state justices and judges from seventy to seventy-five years; deletes authorization to complete judicial term if one-half of term has been served by retirement age.

Ballot #7: First Responder and Military Member Survivor Benefits; Public Colleges and Universities • Grants mandatory payment of death benefits and waiver of certain educational expenses to qualifying survivors of certain first responders and military members who die performing official duties. Requires supermajority votes by university trustees and state university system board of governors to raise or impose all legislatively authorized fees if law requires approval by those bodies. Establishes existing state college system as constitutional entity; provides governance structure.

Ballot #8: School Board Term Limits and Duties; Public Schools • Creates a term limit of eight consecutive years for school board members and requires the legislature to provide for the promotion of civic literacy in public schools. Currently, district school boards have a constitutional duty to operate, control, and supervise all public schools. The amendment maintains a school board’s duties to public schools it establishes, but permits the state to operate, control, and supervise public schools not established by the school board.

Ballot #9: Prohibits Offshore Oil and Gas Drilling; Prohibits Vaping in Enclosed Indoor Workplaces • Prohibits drilling for the exploration or extraction of oil and natural gas beneath all state-owned waters between the mean high water line and the state’s outermost territorial boundaries. Adds use of vaporgenerating electronic devices to current prohibition of tobacco smoking in enclosed indoor workplaces with exceptions; permits

Ballot #10: State and Local Government Structure and Operation • Requires legislature to retain department of veterans’ affairs. Ensures election of sheriffs, property appraisers, supervisors of elections, tax collectors, and clerks of court in all counties; removes county charters’ ability to abolish, change term, transfer duties, or eliminate election of these offices. Changes annual legislative session commencement date in even- numbered years from March to January; removes legislature’s authorization to fix another date. Creates office of domestic security and counterterrorism within department of law enforcement.

Ballot #11: Property Rights; Removal of Obsolete Provision; Criminal Statutes • Removes discriminatory language related to real property rights. Removes obsolete language repealed by voters. Deletes provision that amendment of a criminal statute will not affect prosecution or penalties for a crime committed before the amendment; retains current provision allowing prosecution of a crime committed before the repeal of a criminal statute.

Ballot #12: Lobbying and Abuse of Office by Public Officers • Expands current restrictions on lobbying for compensation by former public officers; creates restrictions on lobbying for compensation by serving public officers and former justices and judges; provides exceptions; prohibits abuse of a public position by public officers and employees to obtain a personal benefit.

Ballot #13: Ends Dog Racing • Phases out commercial dog racing in connection with wagering by 2020. Other gaming activities are not affected.

Additional Proposals for Consideration on the 2018 General Election Ballot Joint Resolutions of the Legislature and Citizen Initiatives

Joint Resolutions: Proposed by the Legislature • Ballot #1: Increased Homestead Property Tax Exemption • Ballot #2: Limitations of Property Tax Assessments • Ballot #5: Supermajority Vote Required to Impose, Authorize, or Raise State Taxes or Fees

Citizen Initiatives • Ballot #3: Voter Control of Gambling in Florida • Proposed by Voters in Charge • Ballot #4: Voting Restoration Amendment • Proposed by Floridians for a Fair Democracy, Inc.

Resources for Additional Research Finding information about the proposals on the 2018 ballot

https: //dos. myflorida. com/elections

https: //dos. myflorida. com/elections

https: //dos. myflorida. com/elections

https: //dos. elections. myflorida. com/initiatives/

Voting on the Constitutional Amendment Proposals How would you vote on each proposed amendment?

Accessing Information Handouts for Finding Information on the Amendment Proposals on the 2018 Ballot

2018 Amendment Proposals Research Document Includes ballot title, summary, and links to research resources

Voter Decision Guide: What Did You Decide? After researching, record your decisions and take this helpful resource to the polls!

Looking Forward The 2018 General Election

Who has the Power? • The voters ultimately decide if a proposal is added to the Florida Constitution. • Requires 60% of voters to approve the proposal (Article XI, Section 5(e) Florida Constitution). • Once passed by the voters, it is included in the Florida Constitution.

Florida’s Voters A Profile of Florida’s Voters

Suffrage in Florida Article VI – Suffrage and Elections SECTION 2.  Electors. —Every citizen of the United States who is at least eighteen years of age and who is a permanent resident of the state, if registered as provided by law, shall be an elector of the county where registered. History. —Am. proposed by Constitution Revision Commission, Revision No. 11, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

Suffrage in Florida Article VI – Suffrage and Elections SECTION 4.  Disqualifications. —(a) No person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of disability. History. —Am. by Initiative Petition filed with the Secretary of State July 23, 1992; adopted 1992.

Potential Impact of Amendment Proposal 4 Article VI, Section 4 – Disqualifications (a) No person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of disability. Except as provided in subsection (b) of this section, any disqualification from voting arising from a felony conviction shall terminate and voting rights shall be restored upon completion of all terms of sentence including parole or probation. (b) No person convicted of murder or a felony sexual offense shall be qualified to vote until restoration of civil rights.

“If men were angels no government would be necessary. ” – James Madison